Karnataka High Court
Sri. Subbaraju .T.R @ Subbanna vs State Of Karnataka on 6 March, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2025:KHC:9578
CRL.P No. 263 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF MARCH, 2025
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 263 OF 2024
BETWEEN:
1. SRI. SUBBARAJU .T.R @ SUBBANNA,
S/O RAMAMURTHY SHETY,
AGED ABOUT 66 YEARS,
R/AT O.15, 5TH CROSS
GANESH BLOCK, MAHALAKSHMI LAYOUT,
BANGALORE - 560 096.
2. SRI. SATHISH H,
S/O NARAYANA,
AGED ABOUT 31 YEARS,
R/AT NO. 312, ALASAGERE
HANAKERE POST, KASABA HOBLI,
MANDYA - 571401.
3. SRI. REUKARADHYA @ REUKAPPA.S
S/O SIDDAGAGAPPA,
AGED ABOUT 37 YEARS,
Digitally signed by R/AT KODIGEHALLI (KANNALLI),
R HEMALATHA BANGALORE NORTH TQ,
Location: HIGH
COURT OF BANGALORE - 560 091.
KARNATAKA ...PETITIONERS
(BY SRI NAGARAJA NAIDU, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY TAVAREKERE POLICE STATION,
MAGADI SUB DIVISION,
BANGALORE RURAL DISTRICT
BANGALORE- 5600
REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING ANNEX,
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NC: 2025:KHC:9578
CRL.P No. 263 of 2024
BANGALORE 560 001.
2. SRI. K RAMESHWARAPPA,
JOINT DIRECTOR,
FOOD CIVIL SUPPLIES
AND CONSUMER AFFAIRS DEPARTMENT
BANGALORE.
...RESPONDENTS
(BY SRI ANOP KUMAR A V - HCGP FOR R1,
NOTICE TO R2 IS SERVED AND UNREPRESENTED)
THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.633/2022, PENDING ON THE FILE OF THE CHIEF
JUDICIAL MAGISTRATE AT BENGALURU RURAL DISTRICT FOR
THE OFFENCE P/U/S.3,6(A),7 OF KARNATAKA ESSENTIAL
COMMODITIES ACT, KARNATAKA ESSENTIAL COMMODITIES
(PUBLIC DISTRIBUTION SYSTEM) CONTROL ORDER 2016
U/S.3,12,18,19 OF KARNATAKA ESSENTIAL COMMODITIES
(STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION)
ORDER 1981 U/S.3(2)(i) OF KARNATAKA ESSENTIAL
COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC
CONTROL ORDER 2016 U/S.4 AND KARNATAKA ESSENTIAL
COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE
NOTIFICATION) ORDER 1981 U/S.4, 6, 8, 420, 463, 464, 468,
477,120-B OF IPC 1860.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The petitioners, who have been charge-sheeted for offences punishable under Sections 3, 6(A), and 7 of the Essential Commodities Act; Sections 3, 4, 12, 18, and 19 of the Karnataka Essential Commodities (Public -3- NC: 2025:KHC:9578 CRL.P No. 263 of 2024 Distribution System) Public Control Order, 2016; Sections 3(2)(i), 4, 6, and 8 of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order, 1981; and Sections 420, 463, 464, 468, 477, and 120-B of the IPC, have approached this Court seeking relief.
2. The prosecution alleges that, upon receiving credible information that rice meant for distribution under the Public Distribution System (PDS) was stacked in a godown, a raid was conducted. It was discovered that the petitioners/accused had stored rice intended for PDS distribution. This issue was examined by this Court in Jagadish Biradar and Others vs. The State of Karnataka and Another, disposed of in Criminal Petition No. 200775/2023 and connected matters, wherein it was held as follows:
"21. Perusal of the charge sheet material indicates that the allegation against the accused is that they were transporting food grains meant for distribution under the PDS without authorization. However, the charge sheet material does not disclose where the accused procured these food grains, nor does it contain any evidence proving that the seized food grains -4- NC: 2025:KHC:9578 CRL.P No. 263 of 2024 were indeed meant for PDS distribution. In the absence of any material establishing that the seized food grains were intended for PDS distribution, the registration of the FIR and the subsequent charge sheet stand vitiated."
3. In the present case, the Deputy Director of Food and Civil Supplies conducted the raid without obtaining a search warrant under Section 100 of the Cr.P.C., which vitiates the proceedings due to non- compliance with the mandatory provisions of Section 100 of the Cr.P.C. Furthermore, the rice seized from the petitioners was not sent to the Forensic Science Laboratory (FSL) to substantiate that it was meant for PDS distribution. Additionally, there is no material evidence to establish that the petitioners procured the seized rice from fair price shops authorized to distribute it to beneficiaries. In the absence of substantive evidence proving that the rice seized from the petitioners was intended for PDS distribution, the continuation of criminal proceedings in this matter would amount to an abuse of the process of law.
4. The petitioners have also annexed documents showing that they purchased the rice from the relevant -5- NC: 2025:KHC:9578 CRL.P No. 263 of 2024 department in an auction sale and had stored it for the purpose of polishing.
5. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 633/2022, pending before the Chief Judicial Magistrate, Bangalore Rural District, are hereby quashed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE CHS List No.: 1 Sl No.: 96